IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Dated this the 18^th day of January, 2023

              Present:    Sri. Manulal.V.S, President

                                        Smt.Bindhu.R, Member

                                        Sri. K.M.Anto, Member

CC No. 121/2021 (Filed on 22/07/2021)

Complainant                    :         Teresa Joseph,

W/o Late Joseph Thomas                                       Vettickattu Puthenpurayil

                                                          Nalukody P.O, Changanassery-686548

                                                          Kottayam District

                                                          Mobile No.9495682484  

                                                           (Adv. Surendran.P)

                                                          Vs

Opposite parties                       : 1.     The Assistant Executive Engineer

                                                          P H Sub Division,

                                                          Changanassery-686101

                                                 2.      Executive Engineer

                                                          Water and Irrigation Department

                                                          Kottayam

                                                          (Adv. K.M.George)

O R D E R

Sri. K.M. Anto, Member

The complaint is filed under section 35 of the consumer protection Act 2019.

The brief of the complainant’s case is as follows. The complainant’s husband Joseph Thomas died on 13/09/2007. Late Joseph Thomas was having a water connection with Consumer number No.PPD/942/D under P.H Sub Division Changanasserry. The first opposite party issued letter bearing No.657/2014 dated 02/12/2019 to the complainant stating that the complainant caused arrears of water bill dues for an amount of Rs.72,585/-. The complainant informed the first opposite party that after the departure of her husband she had remitted subscription upto 2009. Later she received a notice in 2018 showing that she had to pay Rs.72,585/- subsequently in the financial year 2019-2020, received another demand notice asking to pay Rs.72,585/-.  Again on 14/09/2020 first opposite party issued demand notice for Rs.72,781/-. The complainant was not availing the facility of water from the connection and there was no supply of water in the particular line.

On 3/11/2020 the first opposite party issued a demand notice for Rs.72,835/- and another subsequent demand notice on 06/01/2021 for Rs.72,889/-. The complainant contacted the first opposite party office and informed that she was not using the water since 13/09/2007 through the connection but remitted the monthly subscription of Rs.40/- up to 2009. It was also informed that there was no supply of water in the line. Also, no official of the first opposite party visited the house for meter reading and issued any bill. Since there was no action to settle the issue and to terminate the dysfunctional connection, the complainant issued a letter to the first opposite party. Also filed an application under right to Information Act to ascertain the real situation. The first opposite party never responded to the application. An appeal was filed before the appellate authority on 14/06/2021.  No information/communication is received from the two opposite parties.

The act of the opposite parties in demanding and harassing the complainant for realizing undue charges is deficiency in service. This complaint is filed for cancelling the demand of charges and for compensation of Rs.50,000/- for mental agony with cost for this litigation.

On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties appeared and filed their version. The version of the opposite parties is as follows. As per ledger details the consumer had remitted water charges up to 22/11/2010. The meter reading as on 20/09/2014 was 600 KL, and up to 21/01/2019 was 4060KL. Again on 14/03/19 the meter reading is 4074 KL. The total usage for the period from 20/09/2014 to 21/01/2019 is 3460 KL. Average consumption 66.45KL. An additional bill for Rs.67,979/- was issued to the complainant. The average consumption as per reading dated 14/03/2019 is only 7KL and the average consumption as per reading dated 15/07/2020 is 6 KL.

The consumer is liable to pay Rs.73,054/- as the water charges. The opposite party had demanded the charges for the water used by the complainant. There is no deficiency in service on the part of the opposite parties.

The complainant filed proof affidavit and marked documents Exhibits A1 to A7. The opposite parties filed proof affidavit and marked document Exhibit B1.

On the basis of the complaint, version of the opposite parties and evidence adduced by both the parties we would like to consider the following points.

1.       Whether there is deficiency in service on the part of the opposite parties.

2        If so, what are the reliefs and costs?

For the sake of convenience, we would like to consider point no 1 and 2 together.

Points 1 and 2

On perusal of the complaint, version of the opposite parties and evidence on record it is clear that the complainant is having a Domestic Water connection in the name of her Late Husband with consumer No.PPD/942/D under first    opposite party subdivision. Ext A2 is the notice issued to Joseph Thomas by first opposite party on 02/12/19 demanding to remit Rs.72,585/- being the water charge arrears for the period from 21/10/2009 to 04/11/2019 within 7 days of receipt of the notice. Ext A3 is the petition submitted by the complainant before first opposite party dated 22/01/2020 requesting for an enquiry about the arear amount demanded as per Exhibit A2.

The exhibit A4 series bill details is given in the table below:

It is seen that in the Bills Ext A4, and A4 (b, c, d, e, f, h) the present meter reading is recorded after the date of issue of the bill.  Ext B1 is the Consumer Details of Cons No.PPD/942/D as on 27/07/2021. There is a payment on 22/11/2010 by receipt no.6470 but the amount paid is not mentioned.

There is no data available in Ext.B1 prior to 20/09/2014. Also, the meter reading from 20/09/2014 to 14/01/2017 is not available. From 14/01/2017 to 21/01/2019 the meter reading is not even recorded.  On 21/01/2019 the meter reading is recorded as 4060 and subsequently on 13/03/2019, demand is generated for a total amount of Rs.72,305/- by adjusting the shortage of the water charges of Rs.67,979/-.

Section 13 Kerala Water Authority (Water Supply) Regulations, 1991 deals with the Assessment of Water charges as given below.

b.       The authority may fix monthly rate of water charges of a consumer based on his average consumption of water for any previous six months etc.

c.       The authority may also introduce a slab system for collection of water charges etc.

d.       If the water charges as provided under Clause (b) and (c) already remitted by the consumer is found to be in excess or short based on the meter reading taken subsequently, the consumer shall pay to the authority the amount short remitted and the Authority shall adjust the amount collected in excess from the consumer in the subsequent payments. An adjustment bill in Form IX shall be issued once in every six months to the consumer indicating the excess or short remitted by the consumer.

The opposite party failed to produce any short assessment bill they have issued to the complainant in every six months for the period from 20.09.2014 to 13/03/2019 as stipulated in Section 13 (d) of the KWA (Water supply) regulations 1991.

The opposite party failed to offer any explanation for the adjusted meter reading of 4060 on 21/01/2019 without having any previous meter reading data in Ext B1 consumer Details for the period from 20/09/2014 to 21/01/2019. 

The act of the opposite party in charging the complainant on 21/01/2019 an amount of Rs.67,979/- as adjustment for the period from 20/09/2014 to 21/01/2019 without any proper meter reading data amounts to deficiency in service on the part of the opposite party.

On the basis of the above discussed findings we allow the complaint and pass the following orders.

1.       We hereby set aside the Exhibit A4 series bills issued to the complainant.

2.       The opposite party is directed to issue fresh bill for the arrears of the water charges excluding the adjustment amount of Rs.67,979/- to the complainant and without any penal charges.

Considering the nature and circumstances of the complaint no cost or compensation is ordered.

    Pronounced in the Open Commission on this the 18^th day of January, 2023.

Sri. K.M. Anto, Member        sd/-

Sri. Manulal.V.S, President   sd/-

Smt.Bindhu R, Member         sd/-

Appendix

Exhibits marked from the side of complainant.

A1-    Copy of death certificate issued by Ettumanoor Grama Panchayat

A2-    Copy of intimation letter from Kerala Water Authority.

A3-    Copy of application addressed to the Asst.Executive Engineer dated 22.01.2020.

A4 series -   Original bills issued by Kerala Water Authority (9 Nos.)

A5-    Application addressed to the Asst.Executive Engineer dated 01.02.2021

A6-    Postal receipt dated 01.02.2021

A7-    Receipt dated 12.01.2022 issued by State Information Commission

Exhibits marked from the side of opposite parties

B1-    Consumer details issued by Water Authority, Changanassery Sub Division.

       By order

                                                                           Sd/-

Assistant Registrar